All photographs or other works (collectively, “Images”) submitted to the Aquatic Gardeners Association, Inc. (“AGA”) International Aquascaping Contest (“Contest”, and/or “AGAIAC”) are subject to this Photo Release (“Release”). Your submission of Images or participation in the Contest confirms your consent to be bound by this Release.
Only the original artist and copyright holder of the Images (“Owner”) may submit Images to the Contest. By submitting Images, the Owner thereby represents and warrants to the AGA that the party submitting the Images is the Owner and possesses the Rights described below.
License
Except as provided in this Release, the copyright of all Images remain with the Owner. By submitting Images to AGA for the Contest under this Release, the Owner thereby gives AGA and its licensees, sub-licensees or authorized agents (collectively the “AGA Parties”) an irrevocable, perpetual, non-exclusive and royalty free license and right (collectively the “License”) to: publish, reproduce, make public, publicly transmit, display, print, sub-license, and screen all Images with or without labels or credit titles in AGA Parties’ publications, websites and public social networking service accounts, in print, video, at exhibitions and all other events (“Work”), including but not limited to, compiling, consolidating in any manner; editing, cropping and modifying the Images in any manner; including Images in reprints, DVD’s, streaming video, slide shows and any and all other means of electronic or hard copy dissemination; displaying Images in whole or in part on websites or public social networking service accounts under its administration, with and without the addition of graphical effects, sound effects or music; and employing the Images in whole or in part in the creation of posters, tickets and pamphlets promoting aquatic or other exhibitions and other events.
Owner agrees and consents that the Image may be reproduced or cropped, as necessary to fit within the Work. Publication does not guarantee an award of any kind of attribution or compensation.
Owner agrees not to assert any moral rights against AGA which are inconsistent with this Release.
Disclaimers
The grant of these Rights to AGA Parties and AGA Parties’ subsequent inclusion of the Image in the Work will not infringe on any other party’s rights or violate or breach any other agreement to which Owner is a party; the potential of the Image’s publication in the Work will promote Owner’s interests and such potential is sufficient consideration to Owner to grant this Release. In addition to the foregoing, AGA Parties may sell advertising or sponsorships which may appear in connection with the Work.
Without any additional consideration, upon AGA Parties’ written request Owner shall execute and deliver any written instruments necessary or reasonable to effectuate the rights granted to AGA Parties under these Rights. AGA Parties makes no representation or warranty that: (x) the Image will be used in the Work at all; (y) if used, that the Image will receive any particular placement in the Work or that any particular quantity of the Work will be printed and distributed; or, (z) any particular results or benefits to Owner will occur. Owner will indemnify, defend and hold AGA Parties harmless from and against any loss, cost or expense resulting from the breach of Owner’s foregoing representations and warranties to AGA Parties.
The AGA reserves the right to disallow Images that depict brand logos or other intellectual property, concepts or ideas, whether on signs or posters or in other forms, or that in the AGA’s judgment are harmful to the public order, violate standards of decency or are contrary to the goals of the Work or the Contest.
The Owner is responsible for the resolution of any legal issues arising from their Images and you agree to indemnify and hold the AGA agree to pay any losses, costs or expenses thereby incurred.
Although Images are handled with the greatest possible care, the AGA does not accept responsibility for accidents, damage or loss during upload.
The AGA does not accept responsibility for damages arising from or related to circumstances beyond its control, including but not limited to network failure, computer viruses or unauthorized access to its servers.
The AGA does not accept liability for damages or other harm suffered by Owner as a result of their participation in the Contest.
Owner agrees to fully indemnify the AGA and accept all responsibility for any third-party complaints or objections concerning copyright or other intellectual property rights infringement or damages arising from the works submitted.
General
Except as described for winning Images in the Contest, no other payment shall be made by the AGA to the Owner for the use of Images submitted to the Contest.
Owner represents and warrants to the AGA that (i) Owner is of legal age and possess all right, power and authority to execute and deliver this Release to AGA; (ii) Owner possess all the intellectual and moral rights to the Images submitted by Owner; and (iii) the Images do not infringe or violate any third parties rights or intellectual property.
This Release is bound by the laws of the State of Texas.
By Owner’s electronic execution of this Release and clicking the “Submit” button, below, the Owner thereby (i) confirms Owner’s agreement with the terms and conditions of this Release and agrees to bound thereby; (ii) confirms all the information Owner provides to the AGA in this agreement and the entry submission form is true and correct; (iii) irrevocably executes and delivers this Release to the AGA in the State of and (iv) the Electronic Signature below is given with the intent of the Owner to have the same force and effect as the use of a manual signature.